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- 83rd Session (2025)
Assembly Bill No. 241–Assemblymember Jauregui
CHAPTER..........
AN ACT relating to housing; requiring the governing body of each
county and city to adopt an ordinance to authorize by-right a
multifamily housing development or mixed -use development
that includes a residential use on property zoned for
commercial use; declaring void certain county or city
ordinances; authorizing the State Land Registrar to transfer ,
under certain circumstances, certain real property owned by
the State of Nevada to certain entities without considerati on;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Section 1 of this bill requires each governing body of a county or city to adopt
an ordinance that authorizes by-right a multifamily housing development or mixed-
use development that includes a residential use on property zoned for commercial
use. Section 1 also authorizes such an ordinance to establish certain standards and
requirements to qualify for such a by-right development. Section 1 further provides
that any such ordinance does not apply to any property: (1) that is zoned for or in
relation to an airport; or (2) within the region defined in the Tahoe Regional
Planning Compact. (NRS 277.200) Section 1 further provides that property zoned
for commercial use does not include property zoned for industrial use. Section 5 of
this bill declares void any ordinance, regulation or rule of a county or city which
conflicts with the provisions of this bill.
Existing law authoriz es the governing body of a county or city to divide the
county, city or region into zoning districts of such number, shape and area as are
best suited to carry out certain purposes. Within a zoning district, the governing
body may regulate and restrict the erection, construction, reconstruction, alteration,
repair or use of buildings, structures or land. (NRS 278.250) Section 4 of this bill
creates an exception to account for the requirement that the governing body of a
county or city adopt an ordinance to authorize by-right a multifamily housing
development or mixed-use development that includes a residential use on property
zoned for commercial use pursuant to section 1.
Existing law requires that an action or proceeding seeking judicial relief or
review from or with respect to any final action, decision or order of any governing
body of a county or city be commenced within 25 days after the date of filing of
notice of the final action, decision or order with the clerk or secretary of the
governing body. ( NRS 278.0235) Section 3 of this bill applies these provisions to
section 1.
Section 2 of this bill makes a conforming change to apply the definitions of
certain terms relating to planning and zoning to section 1.
Existing law requires the State Land Registrar to execute on behalf of the State
of Nevada any lease, deed or other document by which any land or interest therein
owned by the State is conveyed . (NRS 321.003) Section 5.3 of this bill authorize s
the State Land Registrar to transfer title to certa in real property owned by the State,
with certain restrictions, to Catholic Charities of Northern Nevada and the Reno -
Sparks Gospel Mission. Section 5. 3 provides that such a transfer is conditioned
upon the Reno Redevelopment Agency entering into certain agreements with
Catholic Charities of Northern Nevada or the Reno-Sparks Gospel Mission. Section
5.3 further provides that such agreement s must require the Reno Redevelopment
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Agency to: (1) survey and generate a legal description for the port ions of real
property that the State Land Registrar is authorized to transfer to each entity ; and
(2) pay the costs relating to the transfer of the real properties . Section 5.5 of this
bill requires the deed for the real properties to include certain restr ictions and
provide for the reversion of the title to the real properties under certain
circumstances.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 278 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, not later
than March 1, 2026, each governing body shall adopt an
ordinance that authorizes by-right a multifamily housing
development or mixed-use development that includes a residential
use on property zoned for commercial use. The ordinance may
establish standards and requirements to qualify for by -right a
multifamily housing development or mixed-use development.
2. Any ordinance adopted pursuant to this section does not
apply to any property:
(a) That is zoned for or in relation to an airport; or
(b) Within the region defined by NRS 277.200, the Tahoe
Regional Planning Compact.
3. As used in this section, “property zoned for commercial
use” does not include property zoned for industrial use.
Sec. 2. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and
section 1 of this act, unless the context otherwise requires, the
words and terms defined in NRS 278.0103 to 278.0195, inclusive,
have the meanings ascribed to them in those sections.
Sec. 3. NRS 278.0235 is hereby amended to read as follows:
278.0235 1. No action or proceeding may be commenced for
the purpose of seeking judicial relief or review from or with respect
to any final action, decision or order of any governing body,
commission or board authorized by NRS 278.010 to 278.630,
inclusive, and section 1 of this act, unless the action or proceeding
is commenced within 25 days after the date of filing of notice of the
final action, decision or order with the clerk or secretary of the
governing body, commission or board.
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2. A petitioner or cross -petitioner who is seeking judicial
review must serve and file a memorandum of points and authorities
within 40 days after an action is commenced.
3. The respondent or cross -petitioners shall serve and file a
reply memorandum of points and authorities within 30 days after the
service of the memorandum of points and authorities.
4. The petition or cross -petitioner may serve and file a reply
memorandum of points and authorities within 30 days after service
of the reply memorandum.
5. Within 7 days after the expiration of the time within whi ch
the petitioner is required to reply, any party may request a hearing.
Unless a request for hearing has been filed, the matter shall be
deemed submitted.
6. All memoranda of points and authorities filed in proceedings
involving petitions for judicial r eview must be in the form provided
for appellate briefs in Rule 28 of the Nevada Rules of Appellate
Procedure.
7. The court, for good cause, may extend the times allowed in
this section for filing memoranda.
Sec. 4. NRS 278.250 is hereby amended to read as follows:
278.250 1. For the purposes of NRS 278.010 to 278.630,
inclusive, and section 1 of this act, the governing body may divide
the city, county or region into zoning districts of such number, shape
and area as are best suited to carry out the purposes of NRS 278.010
to 278.630, inclusive [. Within] , and section 1 of this act. Except
as otherwise provided in section 1 of this act, within the zoning
district, it may regulate and restrict the erection, construction ,
reconstruction, alteration, repair or use of buildings, structures or
land.
2. The zoning regulations must be adopted in accordance with
the master plan for land use and be designed:
(a) To preserve the quality of air and water resources.
(b) To prom ote the conservation of open space and the
protection of other natural and scenic resources from unreasonable
impairment.
(c) To consider existing views and access to solar resources by
studying the height of new buildings which will cast shadows on
surrounding residential and commercial developments.
(d) To reduce the consumption of energy by encouraging the use
of products and materials which maximize energy efficiency in the
construction of buildings.
(e) To provide for recreational needs.
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(f) To protect life and property in areas subject to floods,
landslides and other natural disasters.
(g) To conform to the adopted population plan, if required by
NRS 278.170.
(h) To develop a timely, orderly and efficient arrangement of
transportation and publ ic facilities and services, including public
access and sidewalks for pedestrians, and facilities and services for
bicycles.
(i) To ensure that the development on land is commensurate
with the character and the physical limitations of the land.
(j) To take into account the immediate and long -range financial
impact of the application of particular land to particular kinds of
development, and the relative suitability of the land for
development.
(k) To promote health and the general welfare.
(l) To ensure the development of an adequate supply of housing
for the community, including the development of affordable
housing.
(m) To ensure the protection of existing neighborhoods and
communities, including the protection of rural preservation
neighborhoods and, in counties whose population is 700,000 or
more, the protection of historic neighborhoods.
(n) To promote systems which use solar or wind energy.
(o) To foster the coordination and compatibility of land uses
with any military installation in the city, c ounty or region, taking
into account the location, purpose and stated mission of the military
installation.
3. The zoning regulations must be adopted with reasonable
consideration, among other things, to the character of the area and
its peculiar suitabi lity for particular uses, and with a view to
conserving the value of buildings and encouraging the most
appropriate use of land throughout the city, county or region.
4. In exercising the powers granted in this section, the
governing body may use any con trols relating to land use or
principles of zoning that the governing body determines to be
appropriate, including, without limitation, density bonuses,
inclusionary zoning and minimum density zoning.
5. As used in this section:
(a) “Density bonus” means an incentive granted by a governing
body to a developer of real property that authorizes the developer to
build at a greater density than would otherwise be allowed under the
master plan, in exchange for an agreement by the developer to
perform certain f unctions that the governing body determines to be
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socially desirable, including, without limitation, developing an area
to include a certain proportion of affordable housing.
(b) “Inclusionary zoning” means a type of zoning pursuant to
which a governing b ody requires or provides incentives to a
developer who builds residential dwellings to build a certain
percentage of those dwellings as affordable housing.
(c) “Minimum density zoning” means a type of zoning pursuant
to which development must be carried o ut at or above a certain
density to maintain conformance with the master plan.
Sec. 5. On and after March 1, 2026, any ordinance, regulation
or rule of a county or city which conflicts with the provisions of this
act is void and unenforceable.
Sec. 5.3. 1. If the Reno Redevelopment Agency enters into
an agreement with Catho lic Charities of Northern Nevada or the
Reno-Sparks Gospel Mission, as applicable, pursuant to subsection
2, the Administrator of the Division of State Lands of the State
Department of Conservation and Natural Resources, as ex officio
State Land Registrar, may transfer, without consideration, to:
(a) Catholic Charities of Northern Nevada, all interest of the
State of Nevada in the real property located on the western portion
of the property commonly known as the Northern Nevada Adult
Mental Health Services Campus, containing approximately 4 acres,
and further described in the legal description generated by the Reno
Redevelopment Agency pursuant to subsection 2; and
(b) The Reno-Sparks Gospel Mission, all interest of the State of
Nevada in the real property located on the western portion of the
property commonly known as the Northern Nevada Adult Mental
Health Services Campus, containing approximately 1.3 acres, and
further described in the legal description generated by the Reno
Redevelopment Agency pursuant to subsection 2,
to provide community and social services to at -risk and
underserved populations, which may include , without limitation,
affordable housing, workforce housing, supportive housing, food
services, supportive services and any other service for at -risk and
underserved communities.
2. The Reno Redevelopment Agency shall enter into an
agreement with Catholic Charities of Northern Nevada or the Reno-
Sparks Gospel Mission, as applicable, relating to the transfer of the
property described in s ubsection 1. The agreement must require the
Reno Redevelopment Agency to:
(a) Survey and generate a legal description for the real
properties described in paragraphs (a) and (b) of subsection 1; and
(b) Pay the costs relating to the transfer of the real property.
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Sec. 5.5. If real property is transferred pursuant to section 5.3
of this act, the deed from the State of Nevada to Catholic Charities
of Northern Nevada or the Reno -Sparks Gospel Mission, as
applicable, must, subject to any easement, condition or other
encumbrance of record:
1. Include restrictions:
(a) Requiring that the real property be used to provide
community and social services to at -risk and underserved
communities, which may include, without limitati on, affordable
housing, workforce housing, supportive housing, food services and
any other services provided for at -risk and underserved
communities; and
(b) Prohibit Catholic Charities of Northern Nevada or the Reno -
Sparks Gospel Mission, as applicable, or any successors in title from
transferring, leasing, encumbering or otherwise disposing of the
property except pursuant to the express authority of the Legislature.
2. Provide for the reversion of the title to the property to the
State of Nevada upon the breach of any restriction specified in
subsection 1.
Sec. 6. The provisions of NRS 354.599 do not apply to any
additional expenses of a local government that are related to the
provisions of this act.
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